There was a discussion of this issue on the Scholarly Kitchen and on 
the SCHOLCOM site that is relevant here. I posted this on SCHOLCOM:

At 7:03 PM -0600 12/9/11, Sandy Thatcher wrote:
>Just today, over at The Scholarly Kitchen, there was a posting in 
>response to a statement by Michael Carroll about just this issue. 
>Carroll favors the CC-BY license, for reasons that he explains in 
>his statement: 
>http://www.plosbiology.org/article/info%3Adoi%2F10.1371%2Fjournal.pbio.1001210;jsessionid=5A171AD9283AC8C6480848AEE4FFAF00
>
>The SK discussion is here: 
>http://scholarlykitchen.sspnet.org/2011/12/09/blinded-by-ideology-open-access-advocate-continues-to-fight-the-battles-of-yesteryear/
>
>My comment, which is relevant to some of what Heather discusses here, was:
>
>>Kent, with all due respect, i think you have missed the main point 
>>of the argument that Michael Carroll was trying to make in this 
>>statement. He is really addressing the difference between what 
>>Peter Suber and others have called "libre" and "gratis" OA where 
>>only the former, according to Carroll, qualifies as "full" OA 
>>because it does not include any restrictions on reuse rights. 
>>Carroll seems to be claiming that using only "gratis" OA somehow 
>>impedes the progress of scholarly communication. I don't think that 
>>argument can withstand serious scrutiny, however, because 
>>noncommercial reuse is what scholarly communication is all about in 
>>journal publishing where royalties are not typically paid to 
>>authors. I don't see how posting to Wikipedia constitutes a 
>>"commercial" reuse either. His complaint also is directed here at 
>>those big bad commercial publishers we all love to hate, but the 
>>truth is that many OA journals that are published on campus and by 
>>other noncommercial entities use the CC license that allows authors 
>>to retain commercial reuse rights and so why isn't Carroll 
>>criticizing them as well? In those cases, it is not the publishers 
>>who hold the reuse rights but the authors themselves. My main 
>>complaint is different from Carroll's: I don;t think the 
>>commercial/noncommercial distinction is conceptually clear enough 
>>to do the job it is supposed to do. Even Larry Lessig, in one of 
>>his books, admitted as much.

Sandy Thatcher


>From: Michael Carroll <[log in to unmask]>
>Date: Sat, 17 Dec 2011 10:20:09 -0500
>
>Dear Jennifer,
>
>Thanks for the news, but I'm afraid your press release is misleading
>and should be corrected.  You say that T&F is now publishing " fully
>Open Access journals", but unless I've misread the licensing
>arrangements this simply is not the case.  A fully open access journal
>is one that publishes on the web without delay *and* which gives
>readers the full set of reuse rights conditioned only on the
>requirement that users provide proper attribution.
>http://www.plosbiology.org/article/info:doi%2F10.1371%2Fjournal.pbio.1001210
>
>T&F's "Open" program and "Open Select" offer pseudo open access.
>Could you please explain why T&F needs to reserve substantial reuse
>rights after the author or her funder has paid for the costs of
>publication?
>
>If your response is that the article processing charge does not
>represent the full cost of publication, what charge would?  Why aren't
>authors given the option to purchase full open access?
>
>Thanks,
>Mike
>
>Michael W. Carroll
>Professor of Law and Director,
>Program on Information Justice and Intellectual Property
>American University, Washington College of Law
>Washington, D.C. 20016
>vcard: http://www.wcl.american.edu/faculty/mcarroll/vcard.vcf
>
>Research papers: http://works.bepress.com/michael_carroll/
>http://ssrn.com/author=330326
>blog: http://www.carrollogos.org/
>See also www.creativecommons.org
>
>
>-----Original Message-----
>From: LibLicense-L Discussion Forum
>[mailto:[log in to unmask]] On Behalf Of LIBLICENSE
>Sent: Friday, December 16, 2011 11:09 PM
>To: [log in to unmask]
>Subject: Taylor & Francis Opens Access with new OA Program!
>
>From: "McMillan, Jennifer " <[log in to unmask]>
>Date: Fri, 16 Dec 2011 10:46:09 +0000
>
>The New Year sees the launch of an exciting range of Open Access options
>from Taylor & Francis via the Taylor & Francis Open program. This new
>initiative is designed to give authors and their sponsors flexibility
>and variety when they choose to publish research with Taylor & Francis.
>
>The Taylor & Francis Open program is a suite of fully Open Access
>journals consisting of brand new titles, dynamic titles from T&F's
>existing portfolio which are converting to OA, and titles published on
>behalf of the Royal Society of New Zealand and the Human Sciences
>Research Council, South Africa.  Many of the titles in this program will
>collaborate with leading journals within T&F's existing portfolio,
>providing input and support from learned societies and
>internationally-acclaimed editors to ensure their calibre.
>
>Taylor & Francis Open journals will have affordable article publication
>fees, with discounts or fee waivers for emergent countries. Authors will
>benefit from rapid online publication, rigorous peer review and the high
>levels of customer care Taylor & Francis provides to all authors.  Their
>finished article will be showcased on Taylor & Francis Online, helping
>them to gain recognition and esteem for their contribution to their
>field.
>
>Taylor & Francis can confirm the following titles will be included in
>Taylor & Francis Open, with more to join in the New Year:
>Complex Metals
>Green Chemistry Letters and Reviews
>International Journal of Smart and Nano Materials
>Journal of Biological Dynamics
>Journal of Organic Semiconductors
>Kotuitui: New Zealand Journal of Social Sciences Online - published on
>behalf of the Royal Society of New Zealand
>Nanoscience Methods
>SAHARA-J: Journal of Social Aspects of HIV/AIDS - published on behalf of
>the Human Sciences Research Council
>Systems Science & Control Engineering
>
>Dr David Green, Global Journals Publishing Director, sums up Taylor &
>Francis' new approaches to Open Access, "Taylor & Francis is committed
>to producing high-calibre journals that showcase quality global
>research. We believe that this content should be widely disseminated and
>are now exploring various Open Access models to enable universal access
>in ways that are sustainable and meet the needs of the academic and
>research communities.  Over the past three years society journals have
>been partnering with Taylor & Francis Group at the rate of more than one
>per week, and, if required, we are now able to offer a potential partner
>a range of Open Access models".
>
>Taylor & Francis will also continue to offer Taylor & Francis Open
>Select, which is a hybrid program giving authors the choice to publish
>on an Open Access basis in over 500 titles from across Taylor & Francis
>Group's extensive portfolio.
>
>*******************************


-- 
Sanford G. Thatcher
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